Hosting Terms and Conditions Contents:
1. Introduction
2. Glossary of Terms
3. Web Site Hosting And Email
4. Service Availability
5. Payment
6. Termination
7. Indemnity
8. Limitation Of Liability
9. Revisions
10. Notices
11. Applicable Law
12. Headings
13. Entire Agreement
14. Comments and Questions
1. Introduction
The Website Owner including subsidiaries and affiliates
offer website hosting and database hosting services subject
to the terms and conditions set out in these terms and conditions,
the privacy policy and any other relevant terms and conditions,
policies and notices which may be applicable to supply of
hosting services.
2. Glossary of Terms
We includes the Website Owner – Creative
Insight Limited - ("Website" or "Website Owner" or "we" or "us" or "our")
or any party acting on the Website Owner's implicit instructions.
You ("you", "your", "Customer")
includes the person purchasing the services or any party
acting on the customer's instructions.
Server means the computer server equipment
operated by us in connection with the provision of the Services.
Web Site means the area on the Server allocated
by us to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties
agree to the following, which shall apply during the term
of this agreement
3. Web Site Hosting And Email
3.1 We make no representation and give no warranty as to
the accuracy or quality of information received by any person
via the Server and we shall have no liability for any loss
or damage to any data stored on the Server.
3.2 You shall effect and maintain adequate insurance cover
in respect of any loss or damage to data stored on the Server.
3.3 You represent, undertake and warrant to us that you will
use the Web Site allocated to you only for lawful purposes.
In particular, you represent, warrant and undertake to us
that.
3.3.1 You will not use the Server in any manner which infringes
any law or regulation or which infringes the rights of any
third party, nor will you authorise or permit any other person
to do so.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening,
abusive, malicious, defamatory, obscene, blasphemous, profane
or otherwise objectionable in any way.
(b) any material containing a virus or
other hostile computer program.
(c) any material which constitutes, or
encourages the commission of, a criminal offence or which
infringes any patent, trademark, design right, copyright
or any other intellectual property right or similar rights
of any person which may subsist under the laws of any jurisdiction.
3.3.3 You will not send bulk email whether opt-in or otherwise
from our network. Nor will you promote a site hosted on our
network using bulk email.
3.3.4 You will not employ programs which consume excessive
system resources, including but not limited to processor
cycles and memory.
3.4 We reserve the right to remove any material which we
deem inappropriate from your web site without notice. We
do not host Warez or illegal MP3 content.
3.5 You shall keep secure any identification, password and
other confidential information relating to your account and
shall notify us immediately of any known or suspected unauthorised
use of your account or breach of security, including loss,
theft or unauthorised disclosure of your password or other
security information.
3.6 You shall observe the procedures which we may from time
to time prescribe and shall make no use of the Server which
is detrimental to our other customers.
3.7 You shall procure that all mail is sent in accordance
with applicable legislation (including data protection legislation)
and in a secure manner.
3.8 In the case of an individual User, you warrant that you
are at least 16 years of age and if the User is a company,
you warrant that the Services will not be used by anyone
under the age of 16 years.
3.9 Any access to other networks connected to www.creativeinsight.co.uk must
comply with the rules appropriate for those other networks.
3.10 While we will use every reasonable endeavour to ensure
the integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorised users or hackers
and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
4. Service Availability
4.1 We shall use our reasonable endeavours to make available
to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service
or down-time of the Server.
4.2 We shall have the right to suspend the Services at any
time and for any reason, generally without notice, but if
such suspension lasts or is to last for more than 7 days
you will be notified of the reason.
4.3 The Services provided to you hereunder and your account
with us cannot be transferred or used by anyone other than
you. No more than one log-in session under any one account
may be used at any time by you. If you have multiple accounts,
you are limited to one login session per system account at
any time; user programs may be run only during log-in sessions.
If your account is found to have been transferred to another
party, or shows other activity in breach of this sub clause,
we shall have the right to cancel the account and terminate
the Services and/or this Agreement immediately.
5. Payment
5.1 All charges payable by you for the Services shall be
in accordance with the scale of charges and rates published
from time to time by us on our web site and shall be due
and payable in advance of our service provision. We reserve
the right to change pricing at any time although all pricing
is guaranteed for the period of pre payment.
5.2 Payment is due each anniversary month, quarter or year
following the date the Services were established until closure
notice is given.
5.3 All payments must be in UK Pounds Sterling or Euros.
5.4 If your cheque is returned by the bank as unpaid for
any reason, you will be liable for a "returned cheque" charge
of £25.00.
5.5 Without prejudice to our other rights and remedies under
this Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend the
provision of Services to you.
5.6 If an account goes unpaid for at least seven days, a £10.00
late payment fee will be applied.
5.7 If an account goes unpaid for at least ten days, the
account and its associated services are suspended. A £20.00
charge will be applied upon account reactivation to cover
administration costs.
5.8 Once an account has a suspended status, Access to files,
databases and other content is explicitly denied. All files,
databases and other content including the account itself
is permanently deleted after ten days of account suspension.
5.9 Should access to files, databases and other content be
required before they are deleted, account reactivation will
be required.
6. Termination
6.1 If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.2 If you break any of these terms and conditions we may
suspend the Services and/or terminate this Agreement forthwith
without notice to you.
6.3 If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to suspend the Services and/or
terminate this Agreement forthwith without notice to you.
6.4 No refunds will be made for Services suspended in accordance
with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the Services and/or terminate
this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 On termination of this Agreement or suspension of the
Services we shall be entitled immediately to block your Web
Site and to remove all data located on it.
7. Indemnity
7.1 You shall indemnify us and keep us indemnified and hold
us harmless from and against any breach by you of these terms
of business and any claim brought against us by a third party
resulting from the provision of Services by us to you and
your use of the Services and the Server including, without
limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs
and expenses), howsoever suffered or incurred by us in consequences
of your breach or non-observance of this Agreement.
8. Limitation Of Liability
8.1 All conditions, terms, representations and warranties
relating to the Services supplied under this Agreement, whether
imposed by statute or operation of law or otherwise, that
are not expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded,
subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall exclude our
liability for death or personal injury resulting from our
negligence.
8.3 Our total aggregate liability to you for any claim in
contract, tort, negligence or otherwise arising out of or
in connection with the provision of the Services shall be
limited to the charges paid by you in respect of the Services
which are the subject of any such claim.
8.4 In any event no claim shall be brought unless you have
notified us of the claim within one year of it arising.
8.5 In no event shall we be liable to you for any loss of
business, contracts, profits or anticipated savings or for
any other indirect or consequential or economic loss whatsoever
9. Revisions
9.1 Creative Insight Limited reserves the right to revise,
amend, or modify these Terms and Conditions, and any of our
other policies and agreements at any time and in any manner.
Notice of any revision, amendment, or modification will be
posted in accordance with our Terms and Conditions.
10. Notices
10.1 Any notice to be given by either party to the other
may be sent by either email, fax or recorded delivery to
the address of the other party as appearing in this Agreement
or ancillary application forms or such other address as such
party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary
is proved be deemed to be received on the day it was sent
or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following
the date of posting.
11. Applicable Law
11.1 This Agreement shall be governed by and construed in
accordance with English law and you hereby submit to the
non-exclusive jurisdiction of the English courts.
12. Headings
12.1 Headings are included in this Agreement for convenience
only and shall not affect the construction or interpretation
of this Agreement.
13. Entire Agreement
13.1 These terms and conditions together with any documents
expressly referred to in them, contain the entire Agreement
between us relating to the subject matter covered and supersede
any previous Agreements, arrangements, undertakings or proposals,
written or oral: between us in relation to such matters.
No oral explanation or oral information given by any party
shall alter the interpretation of these terms and conditions.
In agreeing to these terms and conditions, you have not relied
on any representation other than those expressly stated in
these terms and conditions and you agree that you shall have
no remedy in respect of any misrepresentation which has not
been made expressly in this Agreement.
14. Comments or Questions.
14.1 If you have any questions, comments or concerns arising
from the website, the privacy policy or any other
relevant terms and conditions, policies and notices or the
way in which we are handling your personal information please contact
us.
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